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Subject: Polity

  • With India’s demographic transition, come challenges

    Context

    Recent results from National Family Health Survey-5 (NFHS-5) suggest that we are entering an era where we will have to tackle these challenges.

    A milestone in India’s demographic history: TFR at 2.0

    • NFHS-5 places the total fertility rate (TFR) at 2.0.
    • With two parents having two children, we have reached a replacement level of fertility.
    • Due to many young people, the population will continue to grow, but the replacement level fertility is a significant milestone in India’s demographic history.
    • This decline is spread evenly across the country, with 29 states and UTs having a TFR of 1.9 or less, with seven below 1.6.
    • All southern states have a TFR of 1.7-1.8, similar to that of Sweden.
    • Even states that have not reached replacement fertility — Bihar and Uttar Pradesh — seem to be headed in that direction.
    • Part of the original coterie of lagging states, Madhya Pradesh and Rajasthan both have achieved TFRs of 2.0.

    Challenge: Supporting the ageing population

    • Supporting ageing population: As fertility declines, the proportion of the older population grows, and societies face the challenge of supporting an ageing population with a shrinking workforce.
    • This challenge is greater for leaders at the beginning of the demographic transition — Kerala and Tamil Nadu.
    •  Interestingly, these are also among the more prosperous states in India, whose economic activities increasingly rely on migrant labour from other states.
    • Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.

    Rethinking the critical dimension of Indian federalism

    • Dependence on migrat workforce: Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.
    • Allocation of political power: While the Indian constitution mandates allocation of Lok Sabha seats across states in proportion to their population via the Delimitation Commission, the Emergency-era 42nd amendment froze seat allocation to the population share of states in the 1971 Census.
    • Equity consideration in central allocation to states: The division of central allocation to states is another area where population concerns have dominated equity considerations.
    • Much of the Centre-state revenue sharing occurs through recommendations of various Finance Commissions.
    • The sixth to fourteenth Finance Commissions allocated resources between states using the 1971 population shares of various states.
    • The Fifteenth Finance commission used Census data from 2011, but it also added the criteria of demographic performance, rewarding states with lower TFR.

    Type of demographic policy India needs to pursue

    • Pursue policy followed by China? Does India want to pursue China’s route of sharply lower fertility, with a large number of families stopping at one child, or are we content with moderately below replacement fertility of about 1.7-1.8?
    • If the latter, we are well-positioned to head in this direction.
    • Issues faced by China: while very low fertility provides a temporary demographic dividend with a reduced number of dependents to workers, the increased burden of caring for the elderly may become overwhelming over the long term.
    • Advantage of Regional demographic variation in India: India is fortunate that its demographic dividend may be smaller, but is likely to last for a more extended period due to regional variation in the onset of the fertility decline.
    • As southern states struggle with the growing burden of supporting the elderly, northern states will supply the workforce needed for economic growth.
    • Economic expansion: The increasing pace of migration may help shore up economic expansion in the south with its shrinking workforce augmented by workers from other states.

    Consider the question “Examine the influence of regional demographic variation on the fedaralism in India? How such variation can help India?”

    Conclusion

    The Sixteenth Finance Commission and the next Delimitation Commission must be freed from the burden of managing the demographic transition, focused on carrying out their tasks in the best interests of Indian federalism.

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  • Over 6 lakh Indians renounced Citizenship

    More than six lakh Indians renounced citizenship in the past five years, the Ministry of Home Affairs (MHA) informed the Lok Sabha.

    Citizenship in India

    • Citizenship is in the Union List under the Constitution and thus under the exclusive jurisdiction of Parliament.
    • The Constitution does not define the term ‘citizen’ but gives, in Articles 5 to 11, details of various categories of persons who are entitled to citizenship.
    • Unlike other provisions of the Constitution, which came into being on January 26, 1950, these articles were enforced on November 26, 1949 itself, when the Constitution was adopted.

    Various provisions for Indian Citizenship

    Article 5

    • It provided for citizenship on the commencement of the Constitution.
    • All those domiciled and born in India were given citizenship.
    • Even those who were domiciled but not born in India, but either of whose parents was born in India, were considered citizens.
    • Anyone who had been an ordinary resident for more than five years, too, was entitled to apply for citizenship.

    Article 6

    • Since Independence was preceded by Partition and migration, Article 6 laid down that anyone who migrated to India before July 19, 1949, would automatically become an Indian citizen if either of his parents or grandparents was born in India.
    • But those who entered India after this date needed to register themselves.

    Article 7

    • Even those who had migrated to Pakistan after March 1, 1947 but subsequently returned on resettlement permits were included within the citizenship net.
    • The law was more sympathetic to those who migrated from Pakistan and called them refugees than to those who, in a state of confusion, were stranded in Pakistan or went there but decided to return soon.

    Article 8

    • Any Person of Indian Origin residing outside India who, or either of whose parents or grandparents, was born in India could register himself or herself as an Indian citizen with Indian Diplomatic Mission.

    Various Amendments for Citizenships

    • According to Article 11, Parliament can go against the citizenship provisions of the Constitution.
    • The Citizenship Act, 1955 was passed and has been amended four times — in 1986, 2003, 2005, and 2015.
    • The Act empowers the government to determine the citizenship of persons in whose case it is in doubt.
    • However, over the decades, Parliament has narrowed down the wider and universal principles of citizenship based on the fact of birth.
    • Moreover, the Foreigners Act places a heavy burden on the individual to prove that he is not a foreigner.

    (1) 1986 amendment

    • The constitutional provision and the original Citizenship Act gave citizenship on the principle of jus soli to everyone born in India.
    • However, the 1986 amendment to Section 3 was less inclusive as it added the condition that those who were born in India on or after January 26, 1950 but before July 1, 1987, shall be an Indian citizen.
    • Those born after July 1, 1987 and before December 4, 2003, in addition to one’s own birth in India, can get citizenship only if either of his parents was an Indian citizen at the time of birth.

    (2) 2003 amendment

    • The then government made the above condition more stringent, keeping in view infiltration from Bangladesh.
    • Now the law requires that for those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be Indian citizen and other should not be an illegal migrant.
    • With these restrictive amendments, India has almost moved towards the narrow principle of jus sanguinis or blood relationship.
    • This lay down that an illegal migrant cannot claim citizenship by naturalization or registration even if he has been a resident of India for seven years.

    (3) Citizenship (Amendment) Act, 2019

    • The amendment proposes to permit members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan — to continue to live in India if they entered India before December 14, 2014.
    • It also reduces the requirement for citizenship from 11 years out of the preceding 14 years, to just 6 years.
    • Two notifications also exempted these migrants from the Passport Act and Foreigner Act.
    • A large number of organisations in Assam protested against this Bill as it may grant citizenship to Bangladeshi Hindu illegal migrants.

    Losing of Indian Citizenship

    • The Citizenship Act, 1955 also lays down the three modes by which an Indian citizen may lose his/her citizenship.
    • It may happen in any of the three ways: renunciation, termination and deprivation.

    (1) Renunciation

    • An Indian Citizen of full age and capacity can renounce his Indian citizenship by making a declaration to that effect and having it registered.
    • But if such a declaration is made during any war in which India is engaged, the registration shall be withheld until the Central Government otherwise directs.
    • When a male person renounces his citizenship, every minor child of him ceases to be an Indian citizen.
    • Such a child may, however, resume Indian citizenship if he makes a declaration to that effect within a year of his attaining full age, i.e. 18 years.

    (2) Termination

    • If a citizen of India voluntarily acquires the citizenship of another country, he shall cease to be a citizen of India.
    • During the war period, this provision does not apply to a citizen of India, who acquires the citizenship of another country in which India may be engaged voluntarily.

    (3) Deprivation

    • Deprivation is a compulsory termination of citizenship of India.
    • A citizen of India by naturalization, registration, domicile and residence, may be deprived of his citizenship by an order of the Central Government if it is satisfied that the Citizen has:
      1. Obtained the citizenship by means of fraud, false representation or concealment of any material fact
      2. Shown disloyalty to the Constitution of India
      3. Unlawfully traded or communicated with the enemy during a war
      4. Within five years after registration or neutralization, been imprisoned in any country for two years
      5. Ordinarily resident out of India for seven years continuously

     

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  • How and when MPs are suspended

    Twelve Opposition members of the Rajya Sabha were suspended for the entire winter session for unprecedented acts of misconduct, unruly and violent behavior and intentional attacks on security personnel.

    Decorum of the Parliament

    • Freedom of speech is one of the most important privileges enjoyed by Members of Parliament.
    • This freedom is circumscribed, however, by the necessity of maintaining order and decorum when debate is taking place.
    • Thus discipline, decorum and dignity of Parliament are of paramount importance for the efficient functioning and success of parliamentary institutions.
    • All over the world concerns have been expressed about the decline of discipline, decorum and dignity of legislative bodies.

    Maintaining the Decorum

    • MPs are required to adhere to certain rules of parliamentary etiquette.
    • For example the Lok Sabha rulebook specifies that MPs are not to interrupt the speech of others, maintain silence and not obstruct proceedings by hissing or making running commentaries during debates.
    • Newer forms of protest led to these rules being updated in 1989.
    • Now, members should not shout slogans, display placards, tear up documents in protest, and play a cassette or a tape recorder in the House.
    • Rajya Sabha has similar rules. To conduct the proceedings smoothly, the rulebook also gives certain, similar powers to the presiding officers of both Houses.

    Power of Suspension

    • The presiding officer of each House can direct an MP to withdraw from the legislative chamber for grossly disorderly conduct.
    • The MP then has to remain absent from the proceedings of the House for the remainder of the day.
    • The presiding officers can also “name” an MP for “persistently and wilfully obstructing the business” of the House.
    • In such a case, usually, the Parliamentary Affairs Minister moves a motion for suspending the offending MP from the service of the House.
    • The suspension can last until the end of the session.

    Why are such disruptions frequent in the Parliament?

    • The reluctance and procrastination of the treasury benches to face discussions is the main cause for disorder in Parliament.
    • In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point.
    • They are perhaps easier to deal with. What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.

    Way forward

    • Debate is central to democracy, and therefore there should be more debate and fewer disruptions.
    • The majority party is responsible for governing and should take other parties into confidence.
    • The Opposition should play a constructive role in Parliament and be allowed to put forward its views and express itself in a dignified manner.
    • The presiding officers must help the Opposition in raising issues uncomfortable to the government.

     

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  • Making the legislature work

    Context

    Parliament’s “performance” is assessed at the end of a session, typically in terms of bills discussed and passed. It is equally necessary to take stock of the issues facing the country and set expectations about what Parliament should be doing when the session is to commence.

    Analysing the repeal of laws from the standpoint of the parliamentary system and the functioning of Parliament

    • In the current session, three farm Acts will probably be presented for repeal.
    • Not referred to select committee: Three Acts were passed earlier amidst demands to refer them to a select committee.
    • This Lok Sabha — increasingly the Rajya Sabha as well — poses a riddle for the theory of representative democracy.
    • The ruling majority has a handsome majority — a 300 plus representation in the Lok Sabha — and by the standards of the FPTP system, a reasonable vote share of over 37 per cent.
    • Yet, laws passed by Parliament are increasingly being seen as unacceptable.
    • This non-acceptance is, perhaps, restricted to a small section. But the arguments put forward by them remain persuasive.
    • The “majority” government seems less representative than many minority governments of the past.
    • The government may have the majority in numbers, but does not have the capacity to take the majority along.
    • At this juncture, an important responsibility lies with the Opposition.

    Suggestions

    1] Role of the opposition

    • Coordinate: In Parliament, the Opposition will need to ensure coordination on common issues, strategise on parliamentary procedures and above all, endeavour to represent voices that have been suppressed by the current regime.
    • Avoid disruption: Acrimony might be unavoidable given that the current regime doesn’t give adequate respect to differences of opinion.
    • But it is incumbent on the Opposition to avoid creating pandemonium merely as a tactic.
    • Noise and sloganeering cannot replace the responsibility to represent.
    • Pandemonium is only a cover up for bad coordination and lack of homework.

    2] Role of the ruling party MPs

    • Probe the executive: The role of ruling party MPs is not merely to ram through the House whatever the government wishes but to also probe the executive delicately.
    • Assert the role as a representative: In allowing the government to sidestep all opposition, the MPs from the ruling party create an atmosphere wherein they lose any semblance of authenticity in their role as representatives.
    • Independence of ruling party members is connected both to intra-party democracy and to intra-party factionalism.
    • Need for intellectual position: It is also important that they have an intellectual position of their own.
    • The litmus test to their independence will be in how they express themselves in Parliament.
    • In any case, for Parliament to regain its representative character, ruling party members need to be more sincere about the parliamentary system, and unafraid of executive power.

    3] Role of civil society

    • Protests have played, and will continue to play, a critical role in forcing us to confront the issue of representation.
    • It must be reiterated that no democracy can exist without a robust civil society.
    • Its tension-ridden relationship with party politics must be recognised.
    • In that sense, the rising antinomy between Parliament and protests is more because of the unrepresentativeness of Parliament than due to the rebellious ways of civil society.

    Consider the question “What is the significance of the opposition to the laws enacted by the legislature? Suggest the steps need to be taken by the various participants in democracy.”

    Conclusion

    All the participants in the democracy need to recognise their role and ensure the the smooth functioning of democracy.

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  • Rethink for EWS Criteria

    The Union Government has decided to revisit the criteria set out for eligibility for its 10% reservation under the economically weaker sections (EWS) category within a month.

    Context

    • The decision came after the Supreme Court closely questioned it on how it arrived at the income figure.
    • The Supreme Court is considering a case to the implementation of 27% reservation for the Other Backward Classes and 10% for the EWS under the all-India quota for medical admissions.

    How was EWS reservation introduced?

    • The 10% reservation was introduced through the 103rd Constitution Amendment and enforced in January 2019.
    • It added Clause (6) to Article 15 to empower the Government to introduce special provisions for the EWS among citizens except those in the classes that already enjoy reservation.
    • It allows reservation in educational institutions, both public and private, whether aided or unaided, excluding those run by minority institutions, up to a maximum of 10%.
    • It also added Clause (6) to Article 16 to facilitate reservation in employment.
    • The new clauses make it clear that the EWS reservation will be in addition to the existing reservation.

    Significance of the quota

    • The Constitution initially allowed special provisions only for the socially and educationally backward classes.
    • The Government introduced the concept of EWS for a new class of affirmative action program for those not covered by or eligible for the community-based quotas.

    What are the criteria to identify the section?

    • The main criterion is that those above an annual income limit of ₹8 lakh are excluded.
    • It accounts income from all sources such as salary, business, agriculture and profession for the financial year prior to the application of the family, applicants, their parents, siblings and minor children.
    • Possession of any of these assets, too, can take a person outside the EWS pool:
    1. Five or more acres of agricultural land
    2. A residential flat of 1,000 sq.ft. and above
    3. A residential plot of 100 square yards and above in notified municipalities, and
    4. A residential plot of 200 square yards and above in other areas

    What are the court’s questions about the criteria?

    • Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
    • Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at ₹8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
    • Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
    • Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
    • OBC like criteria: The question the court has raised is that when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
    • Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.

    What is the current status of the EWS quota?

    • The reservation for the EWS is being implemented by the Union Government for the second year now.
    • Recruitment test results show that the category has a lower cut-off mark than the OBC, a point that has upset the traditional beneficiaries of reservation based on caste.
    • The explanation is that only a small number of people are currently applying under the EWS category — one has to get an income certificate from the revenue authorities — and therefore the cut-off is low.
    • However, when the number picks up over time, the cut-off marks are expected to rise.

    Way forward

    • The per capita income or GDP in all States, or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.

     

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  • Our Constitution, A Beacon of Freedom

    Context

    On November 26, 1949,72 years ago, India adopted new Constitution. Provisions of the Constitution like those pertaining to citizenship, a provisional parliament and other transitional measures came into force immediately, on November 26, 1949.

    Challenges faced by the Constituent Assembly

    • Boycott of the members: The body was meant to comprise 296 members but was boycotted by some members who would eventually move to Pakistan.
    • Hence, the assembly would be a 210-member body at the initial sessions.
    • Deft statesmanship, not rage was displayed in response to the boycott.
    • Juristicconcerns: There were other juristic concerns.
    • The colonial constitutionalist Ivor Jennings, who long sought to be involved in India’s drafting project but was refused later, asked, why the Constitution of India “plays down communalism?”
    • This was a stinging question, for Partition was the result of communalism, how could any of us forget that?

    Important feature of Indian Constitution: Addressing historical discrimination

    • India’s Constitution is unique in its approach for making reparations for historical discrimination on grounds of caste that defines the present and future of so many Indians.
    • By contrast, America’s Constitution makes no apology nor enables reparations for slavery.
    • Despite being a body that was not significantly diverse, the founders, having appreciated the concerns of their people, were able to stand outside of their own privilege and conceive of a founding document that would speak for those who have been silenced for thousands of years.

    What makes the Indian Constitution enduring?

    • After having studied every constitution from 1789 to 2005, Tom Ginsburg of the University of Chicago School of Law and his colleagues concluded that on average a constitution survives for around 17 years. 
    •  France with 14 constitutions, Mexico at five constitutions and neighbouring Pakistan with three constitutions typify the global experience.
    • Expansion of freedoms of citizens: India’s Constitution has endured because its founders, its interpreters — the constitutional courts — and litigants in the form of social movements have all ensured that it is used to consistently expand the freedoms of citizens, even if social morality thinks otherwise.
    • Constitutional morality: The Constitution’s morality has stood firmly with disadvantaged castes, women, and religious minorities.
    • Accommodating marginalised groups: In contemporary times, other marginalised groups like LGBT Indians have been heard by constitutional courts that have unanimously found for their freedoms and for a full equality.

    Consider the question “Elaborate on the features that explain the endurance of the Indian Constitution.”

    Conclusion

    Today, we marvel at the 72nd year of the adoption of our Constitution, and 72 years of our birth as “We the People”. But, as we revel in our good fortune, we must also be aware that its endurance is deeply rooted in the ability of all of us to commit to the project of expanding freedom, not contracting it

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  • ‘Go back to committees’ is the farm laws lesson

    Context

    The Prime Minister has informed the nation that the Government is going to repeal the farm laws. This victory indeed takes India’s politics to a new phase — a phase of robust non-political movements with a certain staying power.

    Trajectory of the enactment of the farm laws and its shortcomings

    • Farmers not taken into confidence: These laws have a far-reaching impact on the farmers and it was very improper and quite unwise to push them through without taking the farmers into confidence.
    • Question on urgency: Under Article 123 of the Constitution the President can legislate on a matter when there is great urgency in the nature of an emergency and the sitting of Parliament is quite some time away.
    • Farm laws which make radical changes in the farm sector and affect the life of farmers in very significant ways do not have the kind of urgency which necessitates immediate legislation through the ordinances.
    • Bills not referred to committee: It is a wrong impression that Bills which are brought to replace the ordinances are not or cannot be referred to the standing committees of Parliament.
    • The Speaker/Chairman has the authority to refer any Bill except a money Bill to the standing committees.

    Significance of parliamentary committees

    • Consultation with Parliament and its time honoured system is a sobering and civilising necessity for governments howsoever powerful they may feel.
    • The accumulated wisdom of the Houses is an invaluable treasure.
    • The experience of centuries shows that scrutiny of Bills by the committees make better laws.
    • The case of the farm laws holds an important lesson for this Government or any government.
    • A proper parliamentary scrutiny of pieces of legislation is the best guarantee that sectoral interest will not jeopardise basic national interest.
    •  So, in any future legislation on farmers it is absolutely necessary to involve the systems of Parliament fully so that a balanced approach emerges.

    Way forward

    •  Available data shows that Bills are very rarely referred to the committees these days.
    • Discretion in the presiding officer: House rules have vested the discretion in the presiding officers in the matter of referring the Bills to committees.
    • No reasoned decisions of the presiding officers for not referring them are available.
    • Since detailed examination of Bills by committees result in better laws, the presiding officers may, in public interest, refer all Bills to the committees with few exceptions.
    • In the light of the horrendous experience of the Government over the farm laws, the present practice of not referring the Bills to committees should be reviewed. 

    Consider the question ” The experience of centuries shows that scrutiny of Bills by the committees make better laws. In context of this, examine the significance of the parliamentary committees and why fewer bills have been referred to the committees in the recent past?”

    Conclusion

    Speaker Om Birla has spoken about strengthening the committee system in the recent presiding officers’ conference. One way of strengthening it is by getting all the important Bills examined by them.

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  • What is Pre- Legislative Consultation Policy?

    The Union Government has listed 29 Bills (26 new and three pending) to be tabled in the winter session of Parliament.

    What is Pre-Legislative Consultation Policy?

    • In 2014, the Pre-Legislative Consultation Policy was adopted, mandating a host of rules, including that whenever the Government makes any law, it must place a draft version of it in the public domain for at least 30 days.
    • This policy provides a forum for citizens and relevant stakeholders to interact with policymakers.
    • The policy also says that along with the draft, a note explaining the law in simple language and justifying the proposal, its financial implication, impact on the environment and fundamental rights, a study on the social and financial costs of the bill, etc. should be uploaded.
    • The respective departments should also upload the summary of all the feedback that they receive on the circulated draft.

    Why in news?

    • Since the inception of the policy, 227 of the 301 bills introduced in Parliament have been presented without any prior consultation.
    • Of the 74 placed in the public domain for comment, at least 40 did not adhere to the 30-day deadline.

    The inception of the PLCP

    • The PLCP was formulated based on the broad recommendations of the National Advisory Council in 2013 and the National Commission to Review the Working of the Constitution (2002).
    • It aimed to create an institutionalized space for public participation in lawmaking processes.

    Empowerment through Pre legislative consultation policy

    • A Pre legislative consultation policy has numerous merits and can help nudge our country in the right direction.
    • Given how diverse this nation is, it is crucial that we have a means for citizens to get directly involved in the formulation of policy decisions, especially those that have a direct stake in the bill and its nature.
    • If we fail to do so we will risk falling behind the times. Countries like Britain and South Africa and even the state of Kerala already have already set up effective PLP processes.
    • If anything, Kerala’s effective model is proof of how effective this process can be at home.
    • Furthermore, this policy has the capacity to make historically marginalized groups feel more included and cared for.

    Significance of the policy

    • This policy provides a forum for citizens and relevant stakeholders to interact with the policymakers in the executive during the initial stages of lawmaking.
    • Protests in the recent past over laws such as the farm laws, the RTI Amendment Act, the Transgender Persons (Protection of Rights) Act, etc. have all highlighted that there is discontent among relevant stakeholders and the public at large since they were not looped in while framing such laws.
    • Public consultations enhance transparency, increase accountability, and could result in the building of an informed Government where citizens are treated as partners and not as subjects.

    Status of its implementation

    • During the 16th Lok Sabha (May 2014 to May 2019) 186 bills were introduced in Parliament, of which 142 saw no consultation prior to introduction.
    • From the 44 bills placed in the public domain for receipt of comments, 24 did not adhere to the 30-day deadline.
    • During the 17th Lok Sabha (June 2019 to present), 115 bills were introduced in Parliament, of which 85 saw no consultation prior to introduction.
    • From the 30 bills placed in the public domain for receipt of comment, 16 of them did not adhere to the 30-day deadline.
    • The tentative schedule for the winter session indicates that a total of 29 bills are listed for introduction and passing. Of these, 17 saw no prior consultation while from the 12 that were placed in the public domain, only six adhered to the 30-day deadline.

    Why is implementation difficult?

    • Though it is required that the mandates of an approved policy be heeded by all Government departments, the absence of a statutory or constitutional right has watered down its effect.
    • The effective implementation of the policy requires subsequent amendments in executive procedural guidelines like the Manual of Parliamentary Procedures and Handbook on Writing Cabinet Notes.
    • However, during a subsequent amendment to the Manual of Parliamentary Procedures, the Ministry of Parliamentary Affairs ignored the Ministry of Law and Justice when it requested them to incorporate PLCP provisions in the manual.

    Conclusion

    • Incorporation of pre-legislative consultation in the procedures of the Cabinet, Lok Sabha, Rajya Sabha etc. should be prioritized.
    • Similarly, it must be required of ministers while introducing the bill to place an addendum note on the details of the pre-legislative consultation.
    • Empowering citizens with a right to participate in pre-legislative consultations through a statutory and constitutional commitment could be a gamechanger.

     

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  • Draft Personal Data Protection Bill, 2021

    The Joint Parliamentary Committee (JPP) on the Personal Data Protection Bill of 2019 is said to have adopted the final draft. The Bill will be tabled in the Winter Session of Parliament.

    What is Personal Data?

    • Data can be broadly classified into two types: personal and non-personal data.
    • Personal data pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
    • Non-personal data includes aggregated data through which individuals cannot be identified.
    • For example, while an individual’s own location would constitute personal data; information derived from multiple drivers’ location, which is often used to analyse traffic flow, is non-personal data.

    What is Data Protection?

    • Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.

    Why was a bill brought for Personal Data Protection?

    • In August 2017, the Supreme Court had held that Privacy is a fundamental right under Article 21 of the Constitution.
    • The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy.
    • In July 2017, a Committee of Experts, chaired by Justice BN Srikrishna, was set up to examine various issues related to data protection in India.
    • The committee submitted its report, along with a Draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018.

    How is personal data regulated currently?

    • Currently, the usage and transfer of personal data of citizens is regulated by the Information Technology (IT) Rules, 2011, under the IT Act, 2000.
    • The rules hold the companies using the data liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data.

    Issues with IT Rules, 2011

    • The IT rules were a novel attempt at data protection at the time they were introduced but the pace of development of digital economy has shown its shortcomings.
    • For instance, (i) the definition of sensitive personal data under the rules is narrow, and (ii) some of the provisions can be overridden by a contract.
    • Further, the IT Act applies only to companies, not to the government.

    What does the Personal Data Protection Bill provide?

    • Collection and storage: The bill regulate personal data related to individuals, and the processing, collection and storage of such data.
    • Data Principal: Under the bill, a data principal is an individual whose personal data is being processed.
    • Data fiduciary: The entity or individual who decides the means and purposes of data processing is known as data fiduciary.
    • Data processing: The Bill governs the processing of personal data by both government and companies incorporated in India.
    • Data localization: It also governs foreign companies, if they deal with personal data of individuals in India.
    • General consent: The Bill provides the data principal with certain rights with respect to their personal data. Any processing of personal data can be done only on the basis of consent given by data principal.
    • Data Protection Authority: To ensure compliance with the provisions of the Bill, and provide for further regulations with respect to processing of personal data of individuals, the Bill sets up a DPA.

    Issues with the PDP Bill

    • Exemptions to the govt: Section 35 of the bill permits the Central Government to exempt any agency of the Government from the provisions of the law.
    • No reasonable exemptions: There is no sufficient reason for government agencies to be exempted from basic provisions of the Bill.
    • Easy breach: Though this would be subject to procedures, safeguards, and oversight mechanisms to be prescribed by the Government.
    • Executive hegemony: There is no scope for oversight over the executive’s decision to issue such an order.
    • Arbitrary and intrusive: As demonstrated by the Pegasus case, the current frameworks for protecting citizens from arbitrary and intrusive State action lack robustness.

    Why is the state given exemption?

    • Biggest needy of Data: The State is one of the biggest processors of data, and has a unique ability to impact the lives of individuals.
    • Welfare objectives: It has a monopoly over coercive powers as well have the obligation to provide welfare and services.

    Issues with Exemption to State

    • Grounds of expediency: the use of this provision on grounds of expediency is an extremely low bar for the Government to meet.
    • Non requirement for exemption order: There is no requirement for an exemption order to be proportionate to meeting a particular State function.
    • No oversight on executive actions: There is no scope for oversight over the executive’s decision to issue such an order or any safeguards prescribed for this process.
    • State surveillance: Section 36(a) of the Bill provides for an exception where personal data is being processed against criminal investigation. This provision could therefore encourage vigilantism or enable privatized surveillance.

    Best practices followed across the world

    • The European GDPR (General Data Protection Regulation) is commonly seen as the pinnacle of data protection regulation worldwide.
    • The EU law has in place a separate law that deals with the processing of personal data by law enforcement agencies.
    • UK’s Data Protection Act dedicates Part 3 that liberalises certain obligations while at the same time ensuring that data protection rights are also protected.

    Way forward

    • Balancing privacy interests with those of public needs (such as that of State security) is a difficult task.
    • This should undergo rigorous consultations in Parliament taking into confidence all stakeholders.
    • Once debated in Parliament, one can only hope that adequate time and attention is given to finding a better balance between competing interests.

     

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  • [pib] Mysuru Declaration on Service Delivery by Panchayats

    The Participants from 16 States signed the Mysuru Declaration and resolved to roll out the Common Minimum Service delivery by Panchayats across the country from April 1, 2022.

    Mysuru Declaration

    • The Mysuru declaration is aimed at recognising Citizen Centric Services as the “Heart of Governance”.
    • It provides key inputs on various aspects of service delivery that are either provided by the panchayats directly or services of other departments that are facilitated by panchayats.

    Highlights of the Declaration

    WE, the Representatives and Officials recognise the efforts to promote inclusive and accountable Local Self Governments in delivery of services, in consonance with the priorities and the aspirations of our citizens.

    We accept responsibility for seizing this moment to strengthen our commitments to promote transparency, empower citizens, and harness the power of new technologies towards timely and quality delivery of services; enhancing citizen service experiences

    We uphold the value of openness in our engagement with citizens to improve services, incorporating diverse views when designing and delivering services. We embrace principles of transparency and open government with a view towards achieving greater prosperity, well-being, and human dignity for sustainable development of local communities.

     

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